By SKYLA CARTER
The Washington County Board of County Commissioners approved a one-year moratorium on the acceptance, processing, review, and approval of applications for data centers and large-scale data processing facilities in unincorporated Washington County during its August 20 regular meeting.
The moratorium is intended to give the county time to study the potential impacts of data centers and develop regulations addressing the facilities through its Land Development Code and Comprehensive Plan.
County Attorney Clay Milton explained that revisions had been made to the proposed ordinance following discussions with county staff, the Economic Development Director and members of the board.
One change involved the definition of a data center. The original draft referenced a 5-kilowatt utility threshold, but that language was removed.
The revised ordinance excludes facilities where computer-service-related equipment is incidental and subordinate to the property’s primary use, occupies no more than 5% of the gross floor area and has a combined nameplate electrical demand not exceeding 250 kilowatts.
Milton said the changes were intended to prevent the moratorium from unintentionally affecting businesses that use computer equipment as part of their normal operations.
“The concern from your economic development director was … turning away good development,” said Milton. “We’re trying to limit that and focus primarily on the data center and computer side of this.”
The proposed ordinance states that data centers can place significant demands on infrastructure, including electricity, backup generation, water, telecommunications and transportation. It also states that the county’s existing Comprehensive Plan and Land Development Code do not adequately address the infrastructure and public safety impacts associated with data centers.
Several residents addressed the board during the public hearing.
Resident Ken Attard supported the moratorium but urged commissioners to make sure it leads to permanent regulations rather than simply delaying development for a year.
Attard pointed to provisions requiring the county to conduct a study during the moratorium but questioned who would be responsible for the work, what deadlines would apply and whether there would be public workshops, reports or a final product.
“The pause should remain until enforceable regulations take effect,” stated Attard.
Attard also questioned whether any potential data-center developers or utilities had already contacted the county regarding possible projects, including through pre-applications, site plans, rezoning requests or utility inquiries.
Resident Larry Zezula proposed giving property owners within one mile of a proposed development a voice in the process and urged the county to work with Florida Power & Light on the possibility of developing additional power infrastructure that could serve the broader public rather than a data center alone.
Resident Donna Kent raised concerns regarding the way data-center language had previously appeared in materials considered by the Planning Commission and said residents should have been given an opportunity to address the proposed language.
Kent also questioned why the moratorium applies only to unincorporated areas of the county.
Milton explained that the county cannot regulate development within incorporated municipalities such as Chipley, Wausau and Caryville because those municipalities control development within their own city limits.
Another resident asked whether the county had discussed data centers with those municipalities. Milton said he had not spoken with representatives of the cities regarding the issue.
Jeanette Foran raised concerns about the county’s ability to review increasingly complex technology and suggested the county consider using artificial intelligence or hiring a technology specialist to help identify potential issues and loopholes in proposed regulations.
The proposed definition was also questioned by Nan Thompson who asked what would prevent a company from constructing several smaller buildings on the same property in order to remain below the electrical threshold.
Milton said the revised definition was designed to address that possibility.
He explained that the ordinance considers not only electrical usage but also the amount of floor space devoted to computer systems and equipment. A facility can fall under the definition of a data center if more than 5% of its gross floor area is used for computer systems, hardware, racks and similar equipment.
He said the language would apply even if a company attempted to divide its operations among multiple smaller buildings.
“If they’re doing that and more than 5% of the gross floor area of those smaller buildings is being used for that purpose, then it’s still considered a data center,” he said.
Resident Benita Crittendon brought up concerns surrounding a Planning Commission meeting earlier in August, saying data-center language appeared in an attachment to an agenda item concerning future land-use changes even though data centers were not specifically identified in the agenda description.
Crittendon said citizens who attempted to discuss the data-center language were told it was not part of the meeting agenda.
“There was nothing written in the agenda about data centers. But when citizens showed up to discuss what was in that attached document, they were told that data centers were not a topic of that meeting. It wasn’t on the agenda, and the chairman of the planning committee denied that there was anything on the agenda to be discussed about data centers,” said Crittendon. She continued that the chairman of the planning commission also “berated the citizens that came to talk about that item, he was very rude, very short, very demeaning to the citizens…”
County Planner Dawn McDonald later clarified that the document was a working document used during the annual process of reviewing potential Land Development Code changes. It was not an item for action by the Planning Commission.
McDonald said the document had been prepared as a working draft and that the Planning Commission ultimately did not discuss the data-center language because the County Commission had directed staff and the county attorney to pursue the moratorium.
A new working document will be prepared to incorporate recommendations from commissioners and citizens, she said.
Commissioners also discussed whether an existing solar facility could later be sold to a data-center operator.
Milton said ownership could change, but a change in the property’s use would have to comply with county requirements and could require additional approvals.
Commissioners questioned what would happen if the state Legislature eventually preempts local regulation of data centers in the same way it has limited local control over certain other uses.
Milton said that if the Legislature adopts legislation preempting local regulation, Washington County would be required to comply with the state law.
“That’s the state. We don’t have any control of [that],” he said, advising residents and commissioners to communicate their concerns to their state legislators.
The board also discussed whether the one-year moratorium could be extended if the county has not completed its Land Development Code changes by the time the moratorium expires.
Milton said the county could adopt another ordinance extending the moratorium, although repeated or lengthy extensions could create legal concerns.
He said a short-term extension could be appropriate if the county’s regulations were nearly complete but could not be adopted immediately because of required advertising and public-hearing procedures.
The stated goal, however, is to have permanent regulations in place before the one-year period expires.
“We don’t need to kick the can down the road,” Commissioner David Corbin said. “We need to get it in … We won’t be called in 12 months, ‘Oh, we’re not there yet.’ We need to get there sooner than later.”
The board then voted to approve the moratorium. The motion passed unanimously.
The moratorium applies to unincorporated Washington County and provides the county with a one-year period to study data-center development and develop amendments to its land-use regulations.
The next meeting of the Washington County Board of County Commissioners is scheduled for 9 a.m. Thursday, September 10.
AMBER PATINO